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(영문) 서울행정법원 2017.07.07 2016구합79786
보상금감액
Text

1. The plaintiff (Counterclaim defendant)'s principal action against the defendant 339 to 347 shall be dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. The Plaintiff is a rearrangement zone with a size of 174,799.40 square meters in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant project zone”) (hereinafter “instant project zone”).

(2) The Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Project”)

The head of Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Yangcheon-gu") on October 30, 2006, as a housing redevelopment and consolidation project association established to implement the project.

(2) The Defendants and Defendant B were owners of land, etc. located within the instant project area, and network D, network E, F, and G were owners of land, etc. located within the instant project area.

3) On July 19, 2016, the deceased of the network D, and Defendant 320 succeeded to 1/2 shares of 99.4 square meters and above-ground buildings located within the instant project zone, Yangcheon-gu Seoul, Yangcheon-gu, Seoul, 19.4 square meters, and 4) The network E died on May 21, 2017, and succeeded to the land, etc. located within the instant project zone by Defendant 349 K, Defendant 350 L, Defendant 351 M, and Defendant 352 N, who are the deceased’s spouse, and the deceased’s children.

5) On May 15, 2015, Defendant B received on April 30, 2015, the registration of ownership transfer with regard to the Seoul Yangcheon-gu Seoul (OP) P located within the instant project zone on April 30, 2015. On November 10, 2015, Defendant B received each share transfer registration with regard to the share of Qu Senior 1/2 of the Seoul Yangcheon-gu 97.7㎡ located within the instant project zone and the share of 1/2 of the above ground buildings on November 2, 2015, respectively, as the grounds for registration. (b) The Plaintiff received the authorization for the instant project implementation and the acquisition of the status as the person subject to cash liquidation from the head of Yangcheon-gu Office on December 18, 2009, the authorization for project implementation (hereinafter “instant authorization”). The head of Yangcheon-gu Seoul Metropolitan Government publicly announced the project implementation period as “52 months from the date of authorization for the project implementation”).

2 The Plaintiff announced the period of application for parcelling-out from September 8, 2010 to November 6, 2010, and thereafter.

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